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Writ Petition No. 3856 of 1981, decided on 24th January, 1982;

----Ss.3 &--6‑Scheme, approval of‑Public notice issued under S. 6 prior to actual approval of Scheme‑Held, not according to law Notice withdrawn by respondent with intention to issue fresh notice.

Shahid Hamid for Petitioners.

Farooq Zaman and Raiz Ahmed for Respondents.

Dates of hearing: 17th January, 1981 and 24th January, 1982.

The petitioners who are owners of certain lands in a scheme area known as Up gradation and Expansion Project of Gujjarpura, have challenged the notification dated 25th May, 1980, issued under section 4 of the Punjab Acquisition of Land (Housing) Act, 1973. They also challenged the public notice dated 8th July, 1981, issued through Pakistan Times' and Nawa‑i‑Waqt', under section 6 of the same enactment, showing the intention of the ‑Lahore Development Authority to take possession of the area and inviting claims for compensation.

2. It is contended by the learned counsel that according to section 3 of the above Housing Act read with section 6, public notice could be issued only after the scheme has been approved and not before. The scheme in this case was approved on 24th November, 1981.

3. The learned counsel for the respondent had sought for fan adjournment on the last date to discuss this matter with the Director‑General, Lahore Development Authority. He has today appeared to state that as undoubtedly the public notice dated 8th July, 1981, had been issued on a date prior to the actual approval of the scheme, the L. D. A., intends to withdraw the same so as to issue a fresh public notice. In this view of the matter the objection taken by the petitioners succeeds. The L. D A, however, may, issue a fresh notice. There will be no order as to costs.

K. M, A. Petition accepted.